the human right to water and sanitation in emergency situations

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58 10.3. Protection of fresh water in time of armed conflict “Humanitarian law is particularly applicable to water resources because contaminated water and lack of water can be more deadly than a whole array of weapons 73 ”. As we have seen, International Humanitarian Law is the body of law specifically applicable in situations of armed conflict and governs the conduct of parties to such conflicts. In the case under consideration, our goal is to identify those provisions of humanitarian law that apply to the protection of water in time of war and, by extension, those provisions that allow for the respect of the human right to water of persons affected by armed conflict 74 . Water and facilities that supply water to human populations, as well as sanitation, are afforded protection under International Humanitarian Law through general and particular rules set out in the Geneva Conventions and their Additional Protocols. Some IHL provisions are in fact water-related, although there is no consolidated section devoted to fresh water or any explicit provision protecting it 75 . Thus, two key points should be noted. First of all, IHL does not contain any specific rules regarding a right to water – even though a number of provisions do state that water is indispensable for the basic needs of protected persons. Secondly, the purpose of IHL is not to protect water or water facilities, per se, but rather the human population that is dependent upon them for survival. International Humanitarian Law should be seen as a complement to human rights law dedicated to the right to water and sanitation. By proscribing certain behaviour in order to prevent lack of, or denial of, access to fresh water in situations of armed conflict IHL can be said to complement human rights standards on the right to water. Box 15 lists the provisions of the Geneva Conventions and their Additional Protocols that are of touch on the right to water and sanitation. Details of water protection under IHL are also given below 76 . All responsibilities outlined in this section are incumbent upon parties to the conflict, especially States parties. 73/ Civilians in War. ICRC, October 1995. Available at http://www.icrc.org/web/eng/siteeng0.nsf/html/57JMKZ 74/ This part omits considerations pertaining to water as a source of conflict 75/ According to Théo Boutruche, very few provisions are water-specific. Those that are do not target water itself, but refer to its particular relationship to the basic needs of a population 76/ Note that this outline is not intended to be exhaustive, but rather to reflect a human-centred approach © ACF - THE HUMAN RIGHT TO WATER AND SANITATION IN EMERGENCY SITUATIONS
- Part 2 - Definition of the right to water and sanitation in emergency situations BoX 15 - Protection of the Right to Water under IHL International Humanitarian Law Treaties Articles related to water and sanitation Geneva Convention III – Treatment of Prisoners of War 20, 26, 29 and 46 Geneva Convention IV – Protection of Civilian Persons in Times of War Additional Protocol I – Protection of Victims of International Armed Conflicts Additional Protocol II – Protection of Victims of Non- International Armed Conflict 85, 89, 127 54 and 55 and 56 5 and 14 and 15 10.3.1. General Considerations a) Freshwater is a civilian object under IHL Civilian objects benefit from immunity from attack in any armed conflict because of their dissociation from the legitimate aim of the conflict, which is to destroy the military capacities of the enemy. Civilian objects are defined by negative reference to military objectives, so being all objects that are not military objectives 77 . In practice, water is a civilian object by essence and is thus protected from attack under IHL. b) Water is an indispensable resource for the survival of protected persons The basic needs of the human race cannot be satisfied without water. If it had not been deemed necessary to foresee any detailed rulings on this matter, this was, according to the 26th International Conference of the Red Cross and the Red Crescent, because it is quite obvious that water is a vital resource in every circumstance. The purpose of International Humanitarian Law is to ensure normal living conditions for populations affected by armed conflict. In practical terms, this goal can only be attained if the satisfaction of basic human needs, such as access to water, is guaranteed. Thus, IHL deters the destruction of water resources in that it protects against targeting “objects indispensable to the survival of the civilian population 78 ”, quoting as examples “drinking water installations and supplies, and irrigation work 79 ”. 77/ Military objectives are limited to those objects which by their nature, location, purpose or use make an effective contribution to military action and whose total or partial destruction, capture or neutralization, in the circumstances ruling at the time, offers a definite military advantage. (See Additional Protocol I, Art 52(2)). Although the boundary between civilian objects and military objectives is sometimes the subject of debate, in the case of fresh water it is clear that this is a civilian object 48/ See Additional Protocol I, Art. 54; Additional Protocol II, Art. 14 79/ Ibid. © ACF - THE HUMAN RIGHT TO WATER AND SANITATION IN EMERGENCY SITUATIONS 59
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THE HUMAN RIGHT TO WATER AND SANITA
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ACkNOWlEDGMENTS Acknowledgments The
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Foreword fOREWORD Access to safe dr
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Annexes The 4th World Water Forum (
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Annexes ANNExE 3 SUMMARY Of THE kEY
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un Standard Minimum Rules for the T
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Art 54. Art 55. Art 5. Art 14. Anne
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IblIOGRApHY Bibliography Right to W
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Bibliography • UN Doc. E/CN.4/Sub
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